It is always violence even if the victim is wearing jeans

Wearing tight, tight pants cannot be considered an obstacle to sexual assault. The Cassation notes this in the judgment of 21 July 2008, no. 30403, section III criminal, confirming the one-year prison sentence imposed on a man by the Venice Court of Appeal for sexual assault. The accused had “violently committed libido” against his partner’s daughter, “touching her on the breast, hips, buttocks and intimate parts, entering with her hands under the woman’s pants”.

The man against the sentence had turned to the Supreme Court, explaining that “by wearing the girl jeans and being seated”, it was “impossible” to put a hand under the pants she had worn touching her private parts.

The Court of Cassation rejected the appeal, observing that “the fact that the girl wore jeans-like trousers was not an obstacle to the internal touch of the private parts, since it was possible to do this by penetrating the garment with her hand, could not be compared to a kind of chastity belt”.

Section III penal, thus confirmed a doctrine that wisely distances itself from the discussed sentence no. 1636 of 1999, when a rapist was acquitted because the victim was wearing jeans. The judges at the time pointed out that ” jeans cannot be removed even in part if the wearer does not give effective collaboration “. Adding that it is impossible to remove jeans from a woman who opposes ” with all her might “, given this ” common experience “.

The ruling aroused the right indignation in the political and judicial world, the Court of Cassation immediately distanced itself from that verdict with all the technical precautions to ensure that sentence no. 1636 remained an isolated case. The orientation was partially corrected in November of the same year in a sentence (n. 13070/1999) which stated that the testimony of a woman who claims to have been raped ” cannot be doubted because she wore pants and to have taken them off. “

These sentences so long and often contradictory, mortify the dignity of women who face endless processes, and who are often scrutinized as if they were partisans.

Author: Dr. Cesira Cruciani



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